Phoenix Insurance Company, The et al v. Cantex, Inc. et al

Filing 140

ORDER granting 132 Motion to Amend order of dismissal, by Judge Robert E. Blackburn on 8/28/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-00507-REB-BNB

THE PHOENIX INSURANCE COMPANY,
THE TRAVELERS INDEMNITY COMPANY, and
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,
Plaintiffs,
v.
CANTEX, INC.,
CONCRETE MANAGEMENT CORP.,
LANDMARK AMERICAN INSURANCE COMPANY,
OLD REPUBLIC INSURANCE COMPANY,
RBR CONSTRUCTION, INC.,
Defendants.

ORDER
Blackburn, J.
The matter is before the court on Plaintiffs’ Motion to Amend Order of
Dismissal of Third Party Claims of Old Republic Insurance Company Against
Third Party Defendant Continental Insurance Company, Only [#132],1 filed August
26, 2014. After reviewing the motion and the record, I conclude that the motion should
be granted.
THEREFORE, IT IS ORDERED as follows:

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“[#132]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

1. That Plaintiffs’ Motion to Amend Order of Dismissal of Third Party Claims
of Old Republic Insurance Company Against Third Party Defendant Continental
Insurance Company, Only [#132], filed August 26, 2014, is GRANTED;
2. That the court’s Order of Dismissal of Third Party Claims of Old Republic
Insurance Company Against Third-Party Defendant Continental Insurance
Company, Only [#128], filed August 25, 2014, is AMENDED and that the following
language shall be substituted for paragraph 2 of the order:
“2. That the third-party claims of third-party plaintiff, Old Republic
Insurance Company, against third-party defendant, Continental Insurance
Company, are DISMISSED and that the third-party counterclaims filed by
third-party defendant, Continental Insurance Company, against third-party
plaintiff, Old Republic Insurance Company are DISMISSED;”2
3. That the Order of Dismissal of Third Party Claims of Old Republic
Insurance Company Against Third-Party Defendant Continental Insurance
Company, Only [#128], filed August 25, 2014, is further AMENDED to delete
paragraph 3, which drops Continental Insurance Company as a party to this action;
4. That Continental Insurance Company is REINSTATED as a party defendant
to this action; and

2

It appears that the entry of this order resolves all third-party claims and counterclaims.

2

5. That by September 29, 2014, the parties SHALL FILE a joint status report
identifying the parties and claims remaining in this lawsuit.
Dated August 28, 2014, at Denver, Colorado.
BY THE COURT:

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